[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)]
[Notices]
[Pages 60215-60216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27267]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1090]


Certain Intraoral Scanners and Related Hardware and Software 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on November 14, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Align 
Technology, Inc. of San Jose, California. An amended complaint and 
supplement were filed on December 4, 2017. The amended complaint 
alleges violations of section 337 based upon the importation into the 
United States, the sale for importation, and the sale within the United 
States after importation of certain intraoral scanners and related 
hardware and software by reason of infringement of one or more of U.S. 
Patent No. 9,615,901 (``the '901 patent''); U.S. Patent No. 8,638,448 
(``the '448 patent''); U.S. Patent No. 8,638,447 (``the '447 patent''); 
U.S. Patent No. 6,845,175 (``the '175 patent''); and U.S. Patent No. 
6,334,853 (``the '853 patent''). The amended complaint further alleges 
that an industry in the United States exists as required by the 
applicable Federal Statute.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is available for inspection during official business 
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW, Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at https://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Docket Services, U.S. 
International Trade Commission, telephone (202) 205-1802.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on December 13, 2017, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain intraoral 
scanners and related hardware and software by reason of infringement of 
one or more of claims 1-7 and 15-20 of the '901 patent; claims 1-9 and 
15-22 of the '448 patent; claims 1-7, 10, 12, and 17-24 of the '447 
patent; claims 1-4, 14, 15, and 18-20 of the '175 patent; and claims 1, 
3-7, and 9-13 of the '853 patent, and whether an industry in the United 
States exists as required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is: Align Technology, Inc., 2820 Orchard 
Parkway, San Jose, CA 95134.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

3Shape A/S, Holmens Kanal 7, 1060 Copenhagen K, Denmark.
3Shape, Inc., 10 Independence Boulevard, Suite 150, Warren, NJ 07059.

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    The Chief Administrative Law Judge is authorized to consolidate 
Inv. No. 337-TA-1090 with Inv. No. 337-TA-1091 if he deems appropriate.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in

[[Page 60216]]

accordance with section 210.13 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 
210.13(a), such responses will be considered by the Commission if 
received not later than 20 days after the date of service by the 
Commission of the complaint and the notice of investigation. Extensions 
of time for submitting responses to the complaint and the notice of 
investigation will not be granted unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: December 14, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-27267 Filed 12-18-17; 8:45 am]
 BILLING CODE 7020-02-P